Foreign Ownership, Control, or Domination (FOCD) of Commercial Nuclear Power Plants
Section 103d of the Atomic Energy Act of 1954, as amended (AEA) provide, in relevant part, that:
No license may be issued to an alien or any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issue of a license to such person would be inimical to the common defense and security or to the health and safety of the public.
Section 104d of the AEA contains a nearly identical prohibition. Section 50.38 of Title 10 of the Code of Federal Regulations (10 CFR) implements this statutory prohibition, providing that:
Any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, shall be ineligible to apply for and obtain a license.
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Commission Guidance/Staff Requirements Memorandum (SRM)
SRM-SECY-12-0168 - Calvert Cliffs 3 Nuclear Project, LLC & UniStar Nuclear Operating Services, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), Docket No. 52-016-COL, Petition for Review of LBP-12-19